Legal Question in Business Law in Georgia

Georgia testing laws. Paying for your own

Hello, I have been working for my consulting agency for over a year and needed to take background and drug screening again for celebrating my anniversary. After completion of the first result, the test came back negative diulte. My company contacted me and I needed to re-take the test immediately. A few hours later I met with them, received new paperwork and went to re-take the test under supervision. Upon the results of the second test, the results were the same: negative-dilute. My employer is now stating I must take hair samples in which I must pay for myself. 1. First off, how many times in a row can an employee be subject to a test, one after another because they receive the same results? 2. Is it legal to make an employee take any type of test and make them pay for it also?

I am a consultant for a company which does not perform any hazardous work. I have provided all of my legal prescriptions to the employer as well. I do not use recreational drugs and am just wondering how many times in a row can I be submitted for this before a test result gets approved by an employer?


Asked on 12/05/08, 12:00 am

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Georgia testing laws. Paying for your own

This sounds weird. Consult with a local attorney to have all the circumstances reviewed.

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Answered on 12/05/08, 4:56 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Georgia testing laws. Paying for your own

Employment in Georgia, absent a contract stating otherwise, is "at will" and the employee can be fired for any reason, a "weird" reason, or no reason at all (excluding a few types of discrimination, apparently not at issue here from your post). Employees have the same general right to quit if they do not like the employees requirements. You know the employer's requirements, and can make a choice. They can also make a choice. They are obviously serious about the testing, so you probably should assume what their choice will be especially given the results of your tests.

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Answered on 12/05/08, 6:43 am


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